Chương XXXV Bộ luật tố tụng dân sự 2015: Quy định chung về thủ tục công nhận và cho thi hành tại việt nam hoặc không công nhận bản án, quyết định dân sự của tòa án nước ngoài; công nhận và cho thi hành phán quyết của trọng tài nước ngoài

Chapter XXXV

GENERAL REGULATIONS ON PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD

Article 423. Foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam

1. The following foreign courts’ civil judgments/decisions shall be recognized and enforced in Vietnam:

a) Civil, marriage, family, trade, business, labor – related judgments/decisions, decisions on properties in criminal/administrative judgments/decisions of Courts of a foreign country are provided for in International treaty to which both Vietnam and such country are signatories;

b) Civil, marriage, family, trade, business, labor – related judgments/decisions; decisions on properties in criminal/administrative judgments/decisions of Courts of a foreign country which does not sign an International treaty with Vietnam that contains regulations on recognition and enforcement of judgments and decisions of foreign Courts on the basis of principle of reciprocity;

c) Other judgments or decisions of foreign courts, which are recognized and enforced under Vietnamese law.

2. Decisions on personal identities, marriage and family of other foreign competent agencies shall be considered being recognized and enforced in Vietnam like civil judgments and decisions of foreign Court provided for in clause 1 of this Article.

Article 424. Foreign arbitrators’ award which shall be recognized and enforced in Vietnam

1. The following foreign arbitrators’ award shall be considered being recognized and enforced in Vietnam:

a) Arbitral award of a foreign country which is a signatory to an International treaty about recognition and enforcement of foreign arbitral award together with Vietnam;

b) Foreign arbitral award other than those specified in point a of this clause on the basis of principle of reciprocity.

2. Foreign arbitral award specified in clause 1 of this Article shall be considered being recognized and enforced in Vietnam shall be the final ones of the arbitral tribunal that resolve all the contents of the dispute, finish the arbitral procedures and are effective.

3. Foreign arbitral, foreign arbitral award provided for in clause 1 of this Article shall be determined according to provisions of Vietnamese Law on commercial arbitration.

Article 425. Right to apply for recognition and enforcement or non-recognition of civil judgments or decisions of foreign courts; recognition and enforcement of foreign arbitral award

1. The judgment creditors or their lawful representatives may file petitions with Vietnamese Courts for recognition and enforcement of civil judgments or decisions of foreign Courts or foreign arbitral award if the judgment debtors being individuals reside or work in Vietnam, or the judgment debtors being agencies or organizations are headquartered in Vietnam or their properties related to the enforcement of the judgments or decisions of foreign Courts or foreign arbitral award exist in Vietnam at the time when the applications are filed.

2. Judgment debtors or their lawful representatives may request the Vietnamese Courts to refuse to recognize the civil judgments/decisions of foreign Courts.

3. The involved parties, persons with related legitimate rights and interests or their lawful representatives may file their petition requesting Vietnamese Courts not to recognize civil judgments or decisions of foreign Courts which are not requested for enforcement in Vietnam.

Article 426. Ensuring the right to appeal

The involved parties shall be entitled to appeal and People’s Procuracies of provinces and the Supreme People’s Procuracy shall be entitled to appeal against Court decisions to recognize and enforce or not recognize civil judgments or decisions of foreign Courts or decisions to recognize and enforce foreign arbitral award to request Collegial People’s Court to review under the provisions of this Code.

Article 427. Ensuring the effect of the decisions of Vietnam’s Courts on recognition and enforcement or non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

1. A civil judgment/decision of a foreign Court recognized and enforced in Vietnam by a Vietnamese Court shall be legally effective as a legally effective civil judgment/decision of a Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment. Any civil judgment/decision of a foreign Court that has not been recognized by a Vietnamese Court shall not be legally effective in Vietnam, except for cases where such judgment/decision is automatically recognized as provided for in Article 431 of this Code.

2. Any award of a foreign arbitrator that is recognized and enforced in Vietnam shall be legally effective like an effective decision of Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment.

3. A civil judgment/decision of a foreign Court or the award of a foreign arbitrator shall be enforced in Vietnam only when the decision of Vietnamese Court to recognize and enforce such civil judgment/decision and/or award takes legal effect.

Article 428. Sending the decisions of Vietnam’s Courts on recognition and enforcement or on non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

The Court shall be responsible for sending directly or by post or through the Ministry of Justice its decision to the creditors and debtors of the civil judgment/decision of the foreign Court and/or the award of the foreign arbitrator or their lawful representatives, the procuracy and civil judgment-executing bodies according to provisions of this Code.

Article 429. Ensuring the right to send money and properties from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award

The State of Vietnam shall ensure the sending of money and property collected from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award that are recognized and enforced by Vietnamese Courts to the countries issuing such judgments/decisions. The sending of such money and properties shall comply with Vietnam’s law.

Article 430. Fees and charges for consideration of application for recognition and enforcement or non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

1. Any person requesting a Vietnam’s Court to recognize and enforce or to not recognize in Vietnam a civil judgment/decision of a foreign Court; or to recognize and enforce a foreign arbitrator’s award must pay fees according to Vietnam’s law.

2. Requesters specified in clause 1 of this Article must bear the cost of delivery to foreign countries the procedural documents of Vietnamese Courts that are relevant to their requests.

Article 431. Civil judgments/decisions of foreign Courts, decisions of other foreign competent agencies that are automatically recognized in Vietnam

1. Civil judgments/decisions of foreign Courts and decisions of other foreign competent agencies which are not requested to be enforced or recognized in Vietnam specified in an International treaty to which the Socialist Republic of Vietnam is a signatory.

2. Judgments/decisions pertaining to marriage and family of foreign Courts, decisions on marriage and family of other competent agencies of countries which are not the co-signatories to an International treaty with Vietnam that are not requested to be enforced or recognized in Vietnam.